P2p Network Service Providers To Establish Tort Liability

Nowadays, the existence of the large amount of the unauthorized P2P music-sharing strongly impedes the healthy growth of the music industry. In order to alleviate the aggregating status quo, music industry has brought lawsuit against P2P service providers.In US, the liability of P2P service providers falls into two categories, including contributory infringement liability and vicarious infringement liability. As to the establishment of liability for P2P service providers, US has no legislation and the law in this area was eatablished by cases. Grokster case and Aimster case are two typical ones in the area. In the two cases, the two courts adopted different standards when they applied the traditional copyright law to the P2P cases. As a result, the inconsistent judgements were given as to the similar cases. On the basis of comprehensive reading of the judgements of the two cases, the author compares and analyzes the standards adopted by the two courts when contributory infringement liability and vicarious infringement liability were established.Furthermore, the author expounds the legal issues arose from Grokster and Aimster case. As well, the author also discusses the enlightenment and reference from the abovementioned two cases. Firstly, Grokster case and Aimster case bring about the legal issue of newly establishing an interest balance mechanism. The author prefers a right holders-centred right balance mechanism which was adopted by the Aimster court. Secondly, the author analyses the relating law for the establishment of liability for P2P service providers in China and points out the imperfections of Chinese law and how to absorb the quintessence of US case law.